To not sign return to work form!?

So some of you may have seen recently that I had issues during my pregnancy that arose from exposure to chicken pox at work.

I was initially told that I had been infected and baby could have foetal varicella, then last week had further tests that suggested baby should (thankfully) be ok!

Due to this I had some time off, covered by a gp note for 'pregnancy related issues'. My business manager at work has told me that I may be put on 'informal monitoring' for three months (this is the first disciplinary step in our sickness policy). However, I have read guidance that seems to suggest this is unfair as the absence was pregnancy related.

I have sought advice about this and have a meeting with a paralegal next week but as I am due to return to work today my question is if i sign a return to work form that says I will be placed on monitoring does this indicate that I accept it? I would like to decline to sign in such circumstances until I seek further advice but would this be unreasonable of me!?

Comments (34)

Don't sign anything until you've had legal advice. If they do make you sign it put a note next to your signature that says something like "signed under duress without legal advice" and get a copy of it.

Managing absence from work because of pregnancy and maternity
An employer must not disadvantage an employee absent from work because of her pregnancy or maternity.

Depending on an employer's policy for managing absence, it may wish to record absences because of pregnancy or maternity. But, it must not include them in 'managing absence triggers' - these are the number of days' absence when managers would consider warnings, and ultimately dismissal, unless attendance at work improves.

Definitely don’t sign anything without legal advice just in case. I was off for 7 weeks with sickness for being pregnant and was never given a form about returning to work. If it says something about being monitored then I certainly wouldn’t sign it. Just tell your boss that you’re waiting until Tuesday because you’re just getting some external advice first.

I have printed ACAS code of practice that states that 'depending on an employer's policy for managing absence, it may wish to record absences because of pregnancy or maternity. But, it must not include them in 'managing absence triggers' - these are the number of days' absence when managers would consider warnings, and ultimately dismissal, unless attendance at work improves' and I will show them this today.

I'm just a bit apprehensive about getting into a confrontation about signing my return to work as I don't know exactly where I stand with that.

You need a return to work form/meeting to ensure you are fit to return to work. But they cannot legally start any disciplinary process for absence when it's pregnancy related.

From maternity action website
Your employer must record any pregnancy-related sickness absence separately from other sick leave, so that pregnancy-related sickness absence is ignored as absence and is not used to your disadvantage e.g. for disciplinary action, dismissal or redundancy.

From the acas website
Managing absence from work because of pregnancy and maternity
An employer must not disadvantage an employee absent from work because of her pregnancy or maternity.

Depending on an employer's policy for managing absence, it may wish to record absences because of pregnancy or maternity. But, it must not include them in 'managing absence triggers' - these are the number of days' absence when managers would consider warnings, and ultimately dismissal, unless attendance at work improves.m.acas.org.uk/index.aspx?articleid=...

In a similar situation for a colleague who I didn’t manage, I advised her to write the legal explanation about pregnancy related illness not being permitted to be used in informal or formal attendance disciplinary processes as its discriminatory.
Make sure you then state as per the sicknote I was absent due to pregnancy related illness My absence is legally covered by this protection.

Definitely don’t sign anything without legal advice just in case. I was off...

Posted
14/06/2019

Definitely don’t sign anything without legal advice just in case. I was off for 7 weeks with sickness for being pregnant and was never given a form about returning to work. If it says something about being monitored then I certainly wouldn’t sign it. Just tell your boss that you’re waiting until Tuesday because you’re just getting some external advice first.

The signing matters not. If a workplace wished to proceed with disciplinary, formal or informal they can do so without.

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